Zhang v University of Tasmania [2008] FCA 516

Zhang v University of Tasmania [2008] FCA 516

The Court was not satisfied that there was any factual basis for the applicant's complaints or that any conduct by UTAS or its staff was because of disability, race or sex. The applicant knew before arriving that she had not received an OPRS, her tutorial pay was in accordance with the applicable agreement, the impugned academic and counselling conduct was not discriminatory, and termination of candidature was not shown to be on a prohibited ground.

Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Application Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) for Compensation for Alleged Unlawful Discrimination / Final Judgment After Hearing
Outcome
Application dismissed with costs.
Legal Topics
['disability Discrimination' 'racial Discrimination' 'sex Discrimination' 'ph D Candidature' 'overseas Postgraduate Research Scholarship' 'tutorial Payment Rates' 'imputed Psychological Disability' 'termination of Candidature']
['discrimination Law' 'education Law'] ['disability Discrimination' 'racial Discrimination' 'sex Discrimination' 'ph D Candidature' 'overseas Postgraduate Research Scholarship' 'tutorial Payment Rates' 'imputed Psychological Disability' 'termination of Candidature']

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Procedural Posture

Application Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) for Compensation for Alleged Unlawful Discrimination / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether UTAS and staff failed to provide the applicant with an Overseas Postgraduate Research Scholarship as a result of unlawful discrimination.' 'Whether the applicant was paid less for tutorial work or threatened because of race, sex or disability.' "Whether UTAS staff falsely suspected financial problems because of the applicant's Chinese origin." 'Whether alleged failures concerning annual review, ANZAM conference submission, scholarship advice and counselling confidentiality amounted to unlawful discrimination.' 'Whether UTAS staff imputed a serious psychological problem or treated the applicant as disabled.' "Whether termination of the applicant's PhD candidature was discriminatory on disability, race or sex grounds."]

Ratio Decidendi

The Court was not satisfied that there was any factual basis for the applicant's complaints or that any conduct by UTAS or its staff was because of disability, race or sex. The applicant knew before arriving that she had not received an OPRS, her tutorial pay was in accordance with the applicable agreement, the impugned academic and counselling conduct was not discriminatory, and termination of candidature was not shown to be on a prohibited ground.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed with costs.']